What do you do after being injured while at work? Many employees in Coral Gables, Florida, do not know that they are entitled to compensation benefits after sustaining a work-related injury. Only a few employees in this region are aware of this legal right, but only a small number of injured employees pursue these benefits. That is because it is not an easy process, and the insurance company will use various means to deny your claim.
Our lawyers at Work Injury Rights will fight for you in workers’ compensation disputes in Coral Gables. With the help of our workers’ compensation lawyers, you have the best chance of being compensated. You also need to understand just as we are determined to fight for your rights, the insurance company and your employer are determined to deny you your claim.
When it comes to Florida workers’ compensation laws, our team of Coral Gables workers’ compensation lawyers has a combined experience of more than forty years. That means we are aware of each tactic that insurance companies and employers use to dispute an injured worker’s claim. Therefore, contact our law firm today by calling 954-833-5226 if you sustained injuries after being involved in a work-related accident.
What Are Causes of Workers’ Compensation Disputes in Coral Gables, Florida?
The reason why workers’ compensation disputes arise is because of the fact that one of the parties involved either the employer or employee fails to fulfill the necessary legal obligations. According to Florida’s workers’ compensation laws, your claim can only be considered to be valid if you abide by all legal responsibilities.
Below are common causes of workers’ compensation disputes in Coral Gables, Florida:
In Coral Gables, Florida, your employment status can determine whether you can get workers’ compensation benefits or not. Therefore, it is vital as an employee to know your employment status. That is because an employer can claim that an injured worker was not one of their staff to deny being responsible for the injuries sustained by the employee.
Outside Scope of Employment
A workers’ compensation claim can also be denied if the injured employee sustained injuries while off duty. According to the law, workers’ compensation benefits can only be granted to an injured employee if he or she sustained work-related injuries while on duty.
Lack of Causation
One of the tactics used by insurance providers is to claim that the injuries sustained are not work-related. Therefore, as an injured employee, you are required to have enough evidence to support your claim.
An injured workers’ compensation claim can also be denied if it is not filed at the appropriate time. If your claim is denied, you must file a petition for benefits within 2 years. Therefore, after getting involved in an occupational accident, make sure that you contact the Workers’ Compensation Lawyers to help you file your claim on time.
Another common cause of workers’ compensation disputes in Coral Gables, Florida, is inadequate information. As an injured employee you are required to provide genuine information when filing your workers’ compensation claim. Moreover, you must also provide proof of your injuries.
What to Do if Your Workers’ Compensation Claim Is Denied in Coral Gables, Florida?
You have the right to appeal and overturn a denial in Florida. If your claim has been denied, you should reach out to an experienced workers’ compensation lawyer in Coral Gables for legal counsel. At Work Injury Rights, our legal team will gather evidence and look into the facts of your case to unearth whether your employer and their insurance company unjustly denied your workers’ compensation claim.
If we find out you have a case, we will appeal the decision at the Office of the Judges of Compensation Claims (OJCC). Copies of the appeal will be served to your employer and their insurance carrier, who must respond within 14 days. Remember, you have two years from the date of your workplace accident to file a workers’ comp claim in Florida.
What Are Types of Workers’ Compensation Disputes?
Workers’ compensation disputes in Coral Gables, Florida, are usually classified into two categories as stated below:
Medical disputes are meant to cover any disagreements related to the injured worker’s medical treatment. Your workers’ compensation lawyer will outline various issues related to your work-related injuries including liability disputes, rehabilitation disputes, injuries management disputes, as well as permanent impairment disputes.
The purpose of claim disputes is to solve any issues relating to workers’ compensation claims. Some of the factors that are covered in claim disputes are premium disputes and workers’ compensation disputes in Coral Gables.
What is the Workers’ Compensation Dispute and Appeals Process in Florida?
Once you receive your denial, the first step you should take is to speak to your employer and their insurance carrier. Instances such as clerical errors can be resolved without court intervention. The next step when raising a dispute is to contact the Employer Assistance and Ombudsman Office. They will consult with the insurance provider to find out if there’s an amicable way to resolve your workers’ comp case.
If this process doesn’t work out, our Coral Gables workers’ comp lawyers will help you file a Petition for Benefits within two years from the date of your workplace accident. Your lawyer should submit this form to the Office of the Judges of Compensation Claims (OJCC). The OJCC will notify your employer and their insurance carrier, who must respond to your petition within two weeks or pay your compensation benefits.
The next stage is mediation. This meeting will be held in the presence of a neutral third party who could be a former judge or another workers’ comp lawyer. Work Injury Rights is prepared to represent your interests during this informal meeting regarding any workers’ compensation disputes in Coral Gables.
If mediation doesn’t work out, the appeals process will head to a pre-trial hearing. This hearing should be held within the county where you sustained your work injury. Here, a judge will hear arguments from both sides and make a judgment regarding your case. A final hearing of your case will be held within 90 days. Once the judge has heard arguments from both sides, they’ll issue a written verdict on the matter within 30 days.
If you disagree with the decision of the judge, you can file your final appeal to the First District Court of Appeals. This must be done within 30 days after receiving the judge’s decision. The court may overturn the OJCC’s decision, agree with the decision, or send the case back to the OJCC for further deliberations.
Call Our Lawyers for a Free Consultation Regarding Any Workers’ Compensation Disputes in Coral Gables
Many workers fail to pursue their workers’ compensation claim after sustaining a work-related injury because they do not know their rights or what to do after their claim has been denied. However, our workers’ compensation lawyers can help you get through the process of workers’ compensation disputes in Coral Gables.
Contact Work Injury Rights today if you want an experienced lawyer to protect your interest. Once you contact our firm by calling 954-833-5226 you will be connected to one of our legal representatives who will offer you a free consultation and answer any of your questions about workers’ compensation disputes in Coral Gables.